F.I.F.A. – Camera di Risoluzione delle Controversie (2012-2013) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2012-2013) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 2 October 2012, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player N, from country P as Claimant against the club, Club A, from country C as Respondent regarding an employment-related dispute between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2012-2013) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2012-2013) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 2 October 2012, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player N, from country P as Claimant against the club, Club A, from country C as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 31 July 2009, Club A, from country C (hereinafter: the Respondent), and Player N, from country P (hereinafter: the Claimant), concluded an employment contract (hereinafter: the contract) valid for the sporting season 2009/10. 2. On 27 March 2010, the Respondent and the Claimant concluded a settlement agreement, by means of which they agreed that the Respondent would pay the Claimant an amount of EUR 3,000 in three equal instalments. 3. On 6 May 2010, the Claimant lodged a claim before FIFA, which he later amended on 4 October 2010, claiming the amount of EUR 3,000 plus interest as well as legal fees from the Respondent, explaining that the Respondent had not yet paid said amount. 4. On 8 November 2010, the Respondent provided FIFA with another agreement dated 22 October 2010 signed between the Claimant and the Respondent, by means of which they agreed that the Respondent would pay to the Claimant an amount of EUR 3,000 as follows: a) EUR 600 payable on 28 October 2010; b) EUR 600 payable on 28 November 2010; c) EUR 600 payable on 28 December 2010; d) EUR 600 payable on 28 January 2011; e) EUR 600 payable on 28 February 2011. 5. On 21 January 2011, the Claimant informed FIFA that he accepted the settlement agreement dated 22 October 2010, however, on 20 February 2012 the Claimant informed FIFA that the Respondent had not paid any amounts due and reiterated its claim for EUR 3,000 plus interest. 6. Despite having been invited by FIFA to provide its final position in relation to the comments raised by the Claimant on 20 February 2012, the Respondent did not answer. ***** II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber (DRC) judge analysed whether he was competent to deal with the matter at stake. In this respect, the DRC judge took note that the present matter was submitted to FIFA on 6 May 2010. Consequently, the DRC judge concluded that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber, (hereinafter: the Procedural Rules), is applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2010) the DRC judge is competent to deal with the matter at stake, which concerns an employment–related dispute with an international dimension between a country P player and a country C club. 3. In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on the Status and Transfer of Players, the DRC judge confirmed that he may adjudicate in the present dispute which value does not exceed currency of country H 100,000. 4. Furthermore, the DRC judge analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations (editions 2009 and 2010) and considering that the present claim was lodged in front of FIFA on 6 May 2010, the 2009 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 5. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. The DRC judge started by acknowledging the above-mentioned facts of the case as well as the documentation contained in the file. 6. In this respect and first of all, the DRC judge acknowledged that, on 22 October 2010, the Claimant and the Respondent had concluded a settlement agreement, by means of which they agreed that the Respondent would pay to the Claimant the amount of EUR 3,000 in 5 equal instalments of EUR 600 each. 7. Subsequently, the DRC judge observed that the Respondent confirmed having signed the settlement agreement on 22 October 2010 for the remaining balance of EUR 3,000. 8. Furthermore, the DRC judge noted that the Claimant reverted to FIFA on 20 February 2012 indicating that the Respondent had not fulfilled its obligations as established in the settlement agreement concluded on 22 October 2010 and that he, therefore, requested the payment of the outstanding instalments in the total amount of EUR 3,000. 9. The DRC judge further noted that the Respondent had been given the opportunity to reply to the comments raised by the Claimant on 20 February 2012, but that the Respondent had failed to present its response in this respect. In this way, so the DRC judge deemed, the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 10. On account of the aforementioned considerations, the DRC judge established that the Respondent had failed to pay to the Claimant the amounts as established in the agreement totalling EUR 3,000. Consequently, the DRC judge concluded that, in accordance with the general legal principle of “pacta sunt servanda”, the Respondent is liable to pay the Claimant the amount of EUR 3,000. 11. In continuation and with regard to the Claimant's request for interest, the DRC judge decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the amount of EUR 3,000 as from 20 February 2012 until the date of effective payment. 12. The DRC judge further decided that the Claimant's claim for legal expenses is rejected, in accordance with art. 18 par. 4 of the Procedural Rules and the respective longstanding jurisprudence of the Dispute Resolution Chamber. 13. The DRC judge concluded his deliberations in the present matter by establishing that any further claim lodged by the Claimant is rejected. III. Decision of the DRC judge 1. The claim of the Claimant, Player N, is partially accepted. 2. The Respondent, Club A, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 3,000 plus 5% interest p.a. on said amount as from 20 February 2012 until the date of effective payment. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA's Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the DRC judge of every payment received. Note relating to the motivated decision (legal remedy): According to article 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the DRC judge: Jérôme Valcke Secretary General Encl. CAS Directives